https://www.taxtmi.com/caselaws?id=36096 For estate duty purposes, the exemption for one residential house under section 33(1)(n) of the Estate Duty Act applies only to property belonging to the deceased and passing on death. In a Hindu undivided family house, only the deceased's own interest can qualify for that exemption; the lineal descendants' interest does not belong to the deceased and is not excluded by section 39(3). The statutory fiction in section 39(3) is limited to valuation of joint family property and cannot enlarge the scope of the exemption. The descendants' share is therefore aggregated under section 34(1)(c) for rate purposes, while exemption is confined to the deceased's share. en-us Thu, 18 Dec 1980 00:00:00 +0530 Fri, 19 Mar 2010 12:52:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36096 For estate duty purposes, the exemption for one residential house under section 33(1)(n) of the Estate Duty Act applies only to property belonging to the deceased and passing on death. In a Hindu undivided family house, only the deceased's own interest can qualify for that exemption; the lineal descendants' interest does not belong to the deceased and is not excluded by section 39(3). The statutory fiction in section 39(3) is limited to valuation of joint family property and cannot enlarge the scope of the exemption. The descendants' share is therefore aggregated under section 34(1)(c) for rate purposes, while exemption is confined to the deceased's share. Case-Laws Income Tax Thu, 18 Dec 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36096